NATIONAL VETERANS LEGAL SERVICES PROGRAM et al v. UNITED STATES OF AMERICA

Filing 52

MOTION for Summary Judgment as to Liability by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM (Attachments: #1 Declaration Declaration of Jonathan Taylor, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J, #12 Exhibit Exhibit K, #13 Exhibit Exhibit L, #14 Exhibit Exhibit M, #15 Declaration Declaration of Thomas Lee and Michael Lissner, #16 Statement of Facts Plaintiffs' Statement of Undisputed Material Facts)(Gupta, Deepak)

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EXHIBIT E

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ADMINISTRATIVE OFFICE OF THE
UNITED STATES COURTS

LEONIDAS RALPH MECHAM
Director
CLARENCE A. LEE, JR.
Associate Director

WASHINGTON, D.C. 20544

October 21, 2004

MEMORANDUM TO:
SUBJECT:

CHIEF JUDGES, UNITED STATES COURTS
CLERKS, UNITED STATES COURTS

Electronic Public Access (EPA) Fee Schedule Change (INFORMATION)

The Judicial Conference, at its September 21, 2004 session, amended the language of
Section I of the Electronic Public Access Fee Schedule for the appellate, district, and bankruptcy
courts, the United States Court of Federal Claims, and the Judicial Panel on Multidistrict
Litigation (adopted by the Judicial Conference pursuant to sections 1913, 1914, 1926, 1930, and
1932 of Title 28, United States Code). The amendment increases the PACER Internet access fee
from seven cents per page to eight cents per page.
This increase is predicated upon Congressional guidance that the judiciary is expected to
use PACER fee revenue to fund CM/ECF operations and maintenance. The fee increase will
enable the judiciary to continue to fully fund the Electronic Public Access Program, in addition
to CM/ECF implementation costs until the system is fully deployed throughout the judiciary and
its currently defined operations and maintenance costs thereafter.
The fee increase will be effective on January 1, 2005. CM/ECF software, which
includes the necessary changes to implement the fee increase, will be provided to the courts in
mid-November. All courts must install this software release by the end of the calendar year to
effect the increase on January 1, 2005. A copy of the new EPA Fee Schedule is attached.

A TRADITION OF SERVICE TO THE FEDERAL JUDICIARY

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EPA Fee Schedule Change

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If you have any questions on these matters, please contact Mary M. Stickney, Chief of
the EPA Program Office via email at Mary Stickney/DCA/AO/USCOURTS or Susan Del Monte,
EPA Program Attorney-Advisor via email at Susan Del Monte/DCA/AO/USCOURTS or we may
be contacted in the Office of Court Administration at [phone].

Leonidas Ralph Mecham
Director
Attachment
cc:

Circuit Executives
District Court Executives
Clerks, Bankruptcy Appellate Panels

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ELECTRONIC PUBLIC ACCESS FEE SCHEDULE

(eff. 1/1/05)

As directed by Congress, the Judicial Conference has determined that the following fees
are necessary to reimburse expenses incurred by the judiciary in providing electronic public
access to court records. These fees shall apply to the United States unless otherwise stated. No
fees under this schedule shall be charged to federal agencies or programs which are funded from
judiciary appropriations, including, but not limited to, agencies, organizations, and individuals
providing services authorized by the Criminal Justice Act, 18 U.S.C. § 3006A, and bankruptcy
administrator programs.
I.

For electronic access to court data via dial up service: sixty cents per minute. For
electronic access to court data via a federal judiciary Internet site: eight cents per page,
with the total for any document, docket sheet, or case-specific report not to exceed the
fee for thirty pages– provided however that transcripts of federal court proceedings shall
not be subject to the thirty-page fee limit. Attorneys of record and parties in a case
(including pro se litigants) receive one free electronic copy of all documents filed
electronically, if receipt is required by law or directed by the filer. No fee is owed under
this provision until an account holder accrues charges of more than $10 in a calendar
year. Consistent with Judicial Conference policy, courts may, upon a showing of cause,
exempt indigents, bankruptcy case trustees, individual researchers associated with
educational institutions, courts, section 501(c)(3) not-for-profit organizations and pro
bono ADR neutrals from payment of these fees. Courts must find that parties from the
classes of persons or entities listed above seeking exemption have demonstrated that an
exemption is necessary in order to avoid unreasonable burdens and to promote public
access to information. Any user granted an exemption agrees not to sell for profit the
data obtained as a result. Exemptions may be granted for a definite period of time and
may be revoked at the discretion of the court granting the exemption.

II.

For printing copies of any record or document accessed electronically at a public terminal
in the courthouse: ten cents per page. This fee shall apply to services rendered on behalf
of the United States if the record requested is remotely available through electronic
access.

III.

For every search of court records conducted by the PACER Service Center, $20.
JUDICIAL CONFERENCE POLICY NOTES

Courts should not exempt local, state or federal government agencies, members of the
media, attorneys or others not members of one of the groups listed above. Exemptions should be
granted as the exception, not the rule. A court may not use this exemption language to exempt
all users. An exemption applies only to access related to the case or purpose for which it was
given.

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The electronic public access fee applies to electronic court data viewed remotely from the
public records of individual cases in the court, including filed documents and the docket sheet.
Electronic court data may be viewed free at public terminals at the courthouse and courts may
provide other local court information at no cost. Examples of information that can be provided
at no cost include: local rules, court forms, news items, court calendars, opinions, and other
information – such as court hours, court location, telephone listings – determined locally to
benefit the public and the court.

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